Judiciary Committee- House

Enjoy enjoy your Valentine's. House judiciary will now come to order chair sees a quorum. Members the first bill we're going to take up today will be Senate bill one eighteen Senate bill one eighteen senator Dodson you're recognized come to the table and present your bill. Thank you madam chair members of the committee when it turned over to a representative Mack London to to open present this bill and I witness here to answer any questions represent medical and then would you please state your name for the record and we the representative who you have with you is your witness and then you may proceed yes ma'am so thank you madam chair members of the committee my name is representative of many medical engine I represent House District ten which is Bentonville and Bella Vista and with me today I have Jordan cope from stand with us organization so I Senate bill one eighteen is it defines anti semitism in Arkansas state statutes that clarifies the word into semitism as it relates to discrimination and discriminatory acts and help ensure that public institutions continue to comply with the civil rights requirements that they have. It it is also to aid in determining whether the offending act was motivated by discriminatory and anti semitic intent the definition that representing is the definition from the international Holocaust remembrance alliance was adopted in twenty sixteen and it has been adopted by nearly two dozen states whether in statute or resolution and it also been adopted by several US government state agencies without a like to turn it over to Jordan cope. Good morning not an share members of the committee it's an honor to be here I'm Jordan cope the director of policy education I'd stand with us were a education nonpartisan nonprofit devoted to combating antisemitism and misinformation about Israel and the Jewish people I also happen to be an attorney and I'm here to testify in support of Senate bill one eighteen. You might hear some misinformation about what this bill does and does not do so I'd just like to quickly clarify what this bill does and does not do this bill does not criminalize anything it does not restrict or limit any free speech whatsoever including thought which might be anti semitic it does not create a new criminal excuse me a new protected class and in addition to that it does not outlaw discrimination against Jews because that's already illegal but this bill ultimately seeks to do is to codify a definition of antisemitism for narrow purpose and not purpose is to help state officials better identify antisemitic motive when it comes to criminal activity such as hate crimes well unlawful discrimination and to train state officials how to better recognize such in the future. What do we need a definition for antisemitism. Unfortunately right now throughout America there is an anti semitism crisis Jews comprise approximately two point four percent of the US population yet suffer approximately sixty percent of all religiously motivated hate crimes and this crisis becomes more severe when considering the fact that recent surveys indicate that to soccer excuse me that approximately fifty percent of all Americans do not know what anti semitism is. We must first understand what anti semitism is so that we can combat it and the first step to combating antisemitism is to define it and this is what this legislation seeks to do this legislation ultimately seeks to adopt the international Holocaust remembrance alliance definition of antisemitism for very narrow purpose why this definition you may I ask well it was device by leading authorities and scholars who lead the study when it comes to antisemitism and fighting at an invitation is the consensus stricken definition for the Jewish community at large having been adopted by over ninety five percent of all Jewish organizations to comprise the conference of presidents likewise remains the consensus driven definition of antisemitism for society at large having been adopted by yes one thousand one hundred and duties worldwide including institutions as fast and as diverse as the tongs airlines the English premier league and the global involves council and it doesn't hurt to mention as well that it's been adopted by US presidents hailing from both the democratic and Republican parties in other words this definition and support for thought that love transcends partisan lines I'm happy to answer any questions that you may have today and just before I close I'd like to emphasize the importance of this definition for the fact that it has examples that help us understand how to recognize both contemporary and classical anti semitism because if we are to address the anti semitism of the nineteen forties we've been missing a lot of the anti semitism today thank you so much. Members are there any questions. Seeing no questions. We have no one who signed up to speak for against the bill you're recognized to close for your bill. Thank you I just want to reiterate that we are wanting to be sure that we are protecting. People's it's free speech with the bill but that we are also making sure that we are protecting the Jewish people against antisemitism and with that I ask for a good vote. Members the sponsors have clothes for their bill with the wishes of the committee I have a motion to do pass any discussion on the motion to do pass all in favor of the motion please say aye opposed please say no the ayes have it congratulations you've passed your bill thank you madam chair members of the committee it's been great to be with you. Members let's turn to House Bill thirteen fifty five house bill thirteen fifty five. Representative Beatty you're recognized to come to the table we have a Amendment members that are being passed out once the amendment is passed out we'll take that at first before we proceed with the bill. Manager I'm I'm asking my constituent guests to join me at the table along with Senate sponsor center Gilmore I'm not sure helps to change the bill me being here but Ben Gilmore us state Senate district one. Well senator Gilmore aye we always tell all senators it's one strike just being here so what will expect you to will expect you to hold up that tradition of the Senate force members you do have in front of you amendment number one to House Bill thirteen fifty five representative buddy you're recognized to present your amendment. I just drew a blank on the proper procedure on minutes I mean on an amendment well you sending this amendment to add a Senate sponsor ride might my amendment is that Senator Gilmore is a co sponsor on the bill members you have heard what the amendment is is there any questions on the amendment do I have a motion to adopt the amendment I have a motion to adopt the amendment any discussion all in favor please say aye. It It opposed say no the ayes have it The Amendment has been adopted representative Beatty you're now recognized to present your bill as amended. Thank you madam chair I figured that that amendment would be the hardest part of of today is to get the center on there representative power Beatty District ninety five actually she co County it today I am honored to have with me is my guest Lana Gail and jim Knighton constituents from across it this bill as the chairman tweeted out earlier today is just a simple bill that doesn't do that much so I I know she set her heart skips a beat every time she hears that so again not trying to stack the deck but I hope that that place in my favor today simply Colleagues this bill changes the exemption from eighty years to seventy years where by one person may be two six glued are exempt themselves or decline to participate in jury service. I will tell you that growing up in and being educated in public education we were called the jury duty as is our obligation. and I take obligations very seriously but also upon becoming a state rep I may not location to my constituents and I take that very seriously to so when miss Lana del brought this concern up to me I agreed with council with the senator that we bring this forward and presented today. I think looking at this for you all of us are here because the influence and how our lives were touched By folks just like the night and retired educators that took an interest in our life and guided us and assisted us in becoming who we are today so with that that said I'll it misaligned Gail she prepared a few remarks forest regarding this bill now I'll let her speak. Ma'am if you'll just state your name for the record and they will recognize you to proceed line again all night and. You may proceed with certain I'm seventy four years old. I learned every gray hair from six year okay it's for thirty years. And I have noticed as I age. You notice things about you that aren't quite as sharp as you thought they once were your attention span your a quick response of Baylor Baylor bills to pay attention longer bothers you and comes into play. And since last September I received two notices to serve on the jury one was four months there in Ashley County but we live in Crossett so would drive to Hamburg everyday if chosen and then I received one in January to bill federal court. As to since September I'm seventy four. The anguish just getting the letter you know filling out the forms going through that ritual the anguish of again can you drive me up every day what I do cannot pay attention will I pay attention. I feel a lot differently it's seventy four about things the ninetieth younger. A lot of things come into play you think about thank you. What what did he say get up you know H. I guess is a good way to explaining. I just don't feel that I'm is capable as I was when I was younger and I'm not saying that seventy and above aren't and shouldn't serve. I just wish we had the option to opt out if we don't feel comfortable with it even being driven we didn't have our staff today Senator Gilmore drops you thanks come into play that you may not see. And I can't quite explain it to you but is repealed to me and I really feel it. But it's a it's a tenseness that I can't quite say. And I just wish there was a way to have that little note on those forms when they come in the mail due to my age I'd like to opt out of serving on jury duty. Thank you. Thank you Mr. We don't have anyone else to the signed up to speak for against the bill representative Beatty members of the committee using on have any questions for representative Beatty representative college you're recognized for a question. Thank you madam chair and you know I think this is a fine idea I'm one and EE all talk with the judges or the the courts that they have any pending on this. I have heard nothing back from the the judges or courts okay. Members any other questions of the representative council you're recognized for a question. So judges can thank you madam chair judges have the ability right to dismiss stirs for a variety of reasons can you explain why this bill and what what problem this bill solves that that option that judges have does not allow for I think the primary thing that this bill would address is just the necessity for someone over the age of seventy to go to court and and receive that summons and then have to answer that and ask verbally in court for that exemption and be released from jury duty. The representative Scott you're recognized for a question thank you madam chairman quick question might be a long shot do you know the average age of our retiring judges in Arkansas I do not. Can you guess I would not even start to guess. I think it might be seventy and above but I was just wondering if you knew. Seventy one okay I was thinking that madam chair would know but I. Madam chair letter nine thank you. Any other questions members represent guess what you're recognized for a question. Thank you madam chair and I don't mean to indicate that I'm necessarily pose this bill by this question but. I've seen many times people come to court as jurors and asked to be excused because of. Health issues and some of those cases related to advanced age and certainly I think a representative judge not. Be accommodating of that. But one of the important things about our jury system is that it's a cross section of the community or should be a cross section of the community. And if we allow every person who's over the age of seventy for instance to check a box and not show up then you start to diminish the ability to get a True Cross section of the community you may have an instance where you have an older person who is a part of a budget of the trial whether they're the defendant with their one of the parties. And now they're gonna have people who wouldn't be one of their peers are similarly situated to be members of the jury because they could simply check a box and not show up. The theoretically so how do you address that given that you know is such a vital importance to the way our government functions to have the jury system and to have again a cross section of the community participate in the jury system thank you. I guess represented the way I would address that question is this this doesn't completely exempt anyone over the age of seventy it allows those individuals to make an election to be exempt so you would still have that cross section on the most years of the the other side that I might argue is the age of the defendant I'm not certain on the statistic is how what percentage of folks that find themselves sitting before a jury and a judge all right seventy or higher you may have that number but I mean that that's the way I would address that is that it still gives the you'll still have that cross section it just allows those individuals that feel as as miss Lana Gail feels an option to exempt of of the stress and an obligation report for duty represent guess what you're recognized for a follow up thank you manager and again I I don't mean to necessarily indicate opposition. But I do think it's worth at least kind of was not the issue you know you say you don't know the age of defendant course not every case is a criminal trial you have civil trial some of those cases are age discrimination cases with a bunch of had some experience with. certainly if you had a client who is claiming age discrimination they might be interested in having someone under jury who will be age seventy or older so again I'm not necessarily opposed your bill but I'd like to hear your thoughts on that so well again I would I think that both counsel in in a in a jury trial they have certainly exemptions that where you can exclude your **** and I would I would think that through that process of jury selection you guys going to weed out some of those folks and if if it's something on age discrimination and both sides may have may have an issue and and see only now exclusions for someone based on aging and in an age discrimination trial so I mean there are a lot of exclusions and exemptions out there and and you're right folks can show up at court and most the time the judge is going to be understanding and and grant leniency and release someone but again I would just respectfully say that that we should honor our Arkansans that feel as miss Lana Gail feels about jury service and providing that option it's seventy years old if they wish to be exempt from duty. Members any other questions. Seeing no further questions as I announced earlier we have no one signed up to speak for against the bill representative Beatty you're recognized close for your bill thank you madam chair one thing I want to point out not I was tempted to do during the discussion is that many states seniors have the right to decline a jury duty based on their age age limits and rules vary by state I would point out that our neighboring states the state of Mississippi that eighty to sixty five where they can exempt an opt out of jury duty a Louisiana that aged is seventy Oklahoma that ages seventy so our surrounding states already have this exemption for jury service and I think that we should provide that for our residents and I would ask for a a motion do pass and for you to vote in favor of this bill. Members representative Beatty has close for his bill with the wishes of the committee. Submit yes I have a motion to do pass as amended any discussion on the motion all in favor please say aye All opposed say no the ayes have it congratulations you passed your bill thank you Miss Menachem for coming thank you Committee. Members if you'll turn to House Bill thirteen twenty seven thirteen twenty seven represent against well recognize you've come to the into the table present your bill. Guess what you're recognized pleased to identify yourself you may proceed. Thank you madam chairman Jimmy Gazaway state representative represent district thirty one. Ballinger I apologize what bill did you say I was going to start with. I have so many. You're just so popular there at thirteen twenty seven because you have someone who is signed up to speak for the bill that's right manager with your permission I'd ask that they be allowed to join me at the end of the table to present sheriff you're recognized at the end of the table. I me. Guess what would you like a paper copy of the bill. I have it on my phone I think I can go forward with it thank you all right you're recognized member's house bill thirteen twenty seven concerns the disposition of a contraband. firearm seized property contraband which in this particular case is referring to firearms. Basically what this bill does is there's in statute currently there are certain ways that a law enforcement agency is allowed to dispose of. Firearms that have been seized in the In connection with the commission of a crime. Once the case is closed at the typically the way this works is the law enforcement agency goes the judge they have the judge signed an order forfeiting the firearm because again it was contraband used in connection with the crime and then by statute the law enforcement agency has a certain number of prescribed ways that they can dispose of that firearm what this would do would add to the list of prescribed ways that the firearm could be disposed of by allowing the law enforcement agency to trade the firearm to a license federally licensed firearms dealer in for purposes of credit toward future purchases that's basically what the bill does And I'm happy to answer any questions of course I have a witness here who can probably elaborate more on this members any questions to represent Gazaway representative Richardson you're recognized for a question thank you madam chair there are any neighboring states already doing this trade. I don't know but okay I witnessed may have a better idea than me. Sure if you'll just go ahead identify yourself for the record and then I'll let you try to answer that question for representative Richardson Mr Rodney rustling county. You hear the question I did okay if you'll please respond well in two thousand nineteen Senator Irvin passed a bill Senate bill four three that have already has this language in it and the the bill on in nineteen it already says how we can address and had dispose of firearms the problem with what happened and Senate bill for all three. it it says for juveniles so basically weapons that were seized juveniles so we're taking the same verbiage that was and that's already been passed in two thousand nineteen and we're moving it to Senate bill thirteen twenty seven and put it under Arkansas law five five one one which is the the law that that. it is the law that take the controls how we what we do with controlled firearms have we seize on or not how it is but we do whether there's procedures already and in place it's just that in nineteen. It's a juveniles and we just needed to move it over to a general law that says here's what you do with all firearms that are already seized so. But are there any neighboring states who already operate with this trade that you guys are clarifying or adding are there any neighboring states that currently do what you're trying to do here now that is not of sorry thank you per se Crawford you're recognized for a question. Thank you madam chair can you explain to me. To the Committee what would be a scenario for. The Department taking guns so. Absolutely so when firearms are seized or forfeited forfeited we have in our evidence locker and so every law enforcement officer or department has evidence locker for weapons that have to be disposed of it sometime or another they can be either destroyed a public auction. We're the way this reads now is that we can train them to a a license farms person but then it has to be through a a companies and I'll give you a couple different companies that that are in Arkansas is one Jones bono's one selling County but basically they go with they use a federal license firearm dealer and they will to purchase our weapons. We will get credit at their place to buy a bulletproof vest to buy uniforms to buy a gun that was anything that we need for law enforcement you just get a credit there at that at that establishment okay follow up please recognize for a follow up okay let me clarify my question at a okay very well. Can you give me a scenario when guns are taken away from citizens in Arkansas That's what I'm after is you have all these weapons tell me how you get those weapons. So I'll take a stab at that. For example cases that I handled you may have a murder case for instance where a gun was used in the commission of the offense they get the gun is evidence during the course of the case when the case is over that's a weapon that is still in the possession a law enforcement agency you're not going to get it back to the person who's in prison or committed the murder with that obviously. the law enforcement agency needs to do something with it they get the judge to sign an order regarding that gun that it's been forfeited to the law enforcement agency for them to dispose of according to. A pursuant to the ways that our law allows that these terms can be disposed of this simply add to one of the ways that they can dispose of that power would be to trade it to a licensed federal federally licensed firearm dealer so there's any number of cases where firearms involved I used to murder for example but it could be any any case criminal case were firearms involved in the use of the commission of the offense. That up once the case is over the judge routinely signs these forfeiture orders giving possession to the to the law enforcement agency for them to dispose of the farm you know they can meltdown they can have an option there's any number of ways that you know by current statute that they dispose of them currently again this just simply adds trading them to a federally licensed firearm dealer for credit toward future purchases for things like as was stated in a bullet proof vest other other needs that the agency might have. Richey Richmond you're recognized for a question thank you madam chair. It would seem to me that this new option of selling to a firearms dealer is actually a probably a safer way to ensure that those farms that are sold to them eventually gets sold to a a citizen that's had a background check or other bedding. Maybe more secure the the an auction or even melting down because you know sometimes people see a gun that they would like to hold on to and and and and maybe it doesn't actually get destroyed is a more secure in your opinion to do it this way. In my opinion yes it is. I would agree to a college recognized for a question. Thank you madam chair so I was just looking at the current statute that's been modified and under current law if If there auction it off there are a lot of procedures they have to follow there's a time and place of advertisement is posted on the courthouse door proceeds have to be disposed of in a certain manner. Why why why did you guys decide not to put procedures like that in place for this if we think that they're valuable and in most other cases where they're not valuable here. Well I don't think that there's any issue about whether or not they're deemed to be valuable or not I think the issue is under the option of. Portion of the statute that you reference that is a legal way that's currently designated the law for them to for law enforcement agency to dispose of seized and forfeited firearms I've actually. Work with law enforcement agencies in the past when I was prosecutor and county attorney for for them go going to this option procedure to dispose of these weapons my point would be similar to representative Richmond's question it is which is I actually think that this is a more secure way to dispatch to dispose of if you will these firearms then the option one of the reasons that we put all those specific requirements on the option is because those are being sold to members of the public and these are firearms that were used in the commission of a crime I think when you trade them or put give them into the possession of a licensed federally licensed firearm dealer then they're free to dispose of it in accordance with the law as they would sell any other firearm so it there are There's there's security in place. By the law that exists for licensed firearm dealers in the way that they have to dispose of firearms that once that power makes it into the possession of a license federally licensed firearm dealer the building had to dispose of it in accordance with the law and if you're not going to go that route then I think if you're gonna selling to members of the public through an auction that's why we have such a very strict procedures as to how that has to be conducted not sure that completely answers your question but. Members any other questions. Seeing no other questions we have no one else who signed up to speak for against the bill representative guess what you're recognized to close for your bill thank you manager thanks very really a simple bill that enables law enforcement to dispose of firearms that were used in the commission of a crime in a secure way by adding this the simple change and I would make a motion to pass members we have a motion to do pass on the floor is there any discussion of the motion. Seeing no discussion all in favor of the motion please say aye. All opposed say no the ayes have it congratulations you've passed your bill. Gazaway do you have some technical cold correction bills you're ready to. Share with us. I do okay great with your permission I'd ask that Matthew Miller from the real deal out to join me certainly Mister Miller you're recognized come to the into the table if you'll call out the bill number then members we will work through our list on that. Guess what we're going to bring you a packet of technical corrections bills right now thank you. Are you ready yes I'm ready all right now is what first technical corrections bill you'd like to discuss house bill twelve seventy nine all right members if you'll turn to House Bill twelve seventy nine. House bill twelve seventy nine this would be technical corrections to the criminal code. Fite represent guess what you're recognized for C. thank you manager the house bill twelve seventy nine as manager said is a bill to make technical corrections to title five which is the criminal code. very simply in section one if the Leafs are some obsolete language now I want to tell the committee there is an issue with section one the or other process was identified by the bureau as being obsolete and irrelevant and so when they sent this bill they struck it after review it came to the attention of some very smart lawyers who I know who contacted me Who said that this provision related to entire section one needs to be reworded so there's going to be a bill that's going to come out of this that will entirely required section one of this bill so we're going to go ahead. In past we would like to do is go ahead and pass this bill with the understanding that there will be another bill that will entirely required section one because it's not it's not worded well section two clarifies the reference to facility to be consistent with the rest of this subsection section three delete obsolete language in section section for inserts a comma. That was part of a subdivision that was omitted in a prior act that's what the bill does happy to answer any questions. Members for clarity sake because these are technical corrections bills and they typically are just. A word here are word there since they're redoing a whole section that is what has to be another bill but we can approved if it's the committee's wish to approve these technical corrections but there'd have to be a stand alone bill because that would fall outside of with the code revision commission does site that I saw some folks maybe you had a question as to why that would be the way it is you've heard the explanation of house bill twelve seventy nine is there any just any questions. Seeing the questions we have no one who signed up to speak for against the bill you're recognized to close for your bill thank you madam chair and close to the bill make a motion to pass members we have a motion to do pass on the for any discussion of the motion all in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you have passed your bill. Next to the house bill twelve eighty three members if you'll turn to House Bill twelve eighty three this will be technical corrections to title ten. I'm sure you're recognized thank you measure house bill twelve eighty three concerns corrections to title ten. what you'll see in this bill in section one there's references to it previously referred to a misdemeanor that wasn't correct because what it. Senate that was referred to was not a misdemeanor in fact it was a violation so we changements demeanor to violation. So that that's the correct usage of the term it should be use their section to the code section set out is being amended to comply with twenty five nineteen one ten which says the law that enacts a new exemption to the Freedom information act requires a statement to that effect and so. that's what we do in section two. In twelve eighty three I'm not seeing a section to members. Are you seeing it on your devices okay I just don't have it thank you for. I'm happy to answer any questions. Members are there any questions. Seeing the questions we have no one who is signed up to speak for against house bill twelve eighty three you're recognized to close for your bill close will make a motion to pass members we have a motion to do pass on the poor Seri discussion. Seeing no discussion all in favor of the motion please say aye All opposed say no the ayes have it house bill twelve eighty three his past congratulations you're now ready to announce your next one house bill twelve eighty four members let's move to house bill twelve eighty four. This will be technical corrections to the law concerning enforcement emergency management and military fair so with that you're recognized to present your bill thank you madam chair again twelve eighty four refers a total twelve. A technical corrections what you'll see in section one is we clarify reference concerning the appointment of a law enforcement officer to clarify political subdivisions law enforcement agency. Section two deletes obsolete temporary language. That existed sections three and seven transfers a section concerning child care facilities to a more appropriate title section three repeals the section from title twelve in sexual section seven creates it in title twenty. Sections four and five Breaking existing section into smaller sections it adds language clarifying for consistency with other sections. The change will allow each official refers to various officials and professions and it became very long and complicated over time and so the bureau I believe that it would be easier for each official in profession to have its own section and so each new section simply copies over the existing provisions that were contained in twelve fifteen two oh two. Section six clarifies references to the organized militia and causes the section to use consistent terminology. That's what the bill does happy to answer any questions. Members are there any questions. Seeing the questions we have no one who signed up to speak for favor of house bill twelve eighty four you're recognized to close for your bill thank you manager I'm close for the bill would make a motion to pass. Members we have a motion to do pass on the table is there any discussion of the motion. Seeing no discussion all in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you have passed your bill. Copy. Yeah. You have another one you'd like to present today thank you manager yes house bill twelve eighty five. Members let's look at house bill twelve eighty five and you're recognized to Percy manager I'd ask that Mr Miller be allowed to. Help present this bill certainly Mr Miller you're recognized please and state your name for the record and you may present good morning everyone Matthew Miller with the bureau of legislative research as I said when I was here last Thursday at the bill as a nonpartisan agency we don't take positions for against legislation and I'm certainly not here to testify before these bills but commission staff worked on these bills and bureau staff staff the commission so given our involvement with the content I'm happy to be here to help representative Gazaway just explain the bills and I'll just explain what's in here and if there's any questions or concerns regarding that out the first representative Gazaway. entitle fourteen. Several the sections sections one through nine eleven fourteen through nineteen twenty one through twenty three twenty five and twenty seven through thirty one so the majority of the bill is dealing with the classification of offenses percent we have a statute five one one oh seven five one one oh eight the direct the death of misdemeanor has knows sentence other than a fine it's actually a violation so it's making those types of changes throughout their for consistency with what Arkansas law provides on those. Sections ten and twenty or similar though section set out a sentence but they don't impose the class of a misdemeanor or limitation on the sentence to imprisonment so in sections ten and twenty were directed by Arkansas law to treat those as a class A. misdemeanor so that's what those sections do. section twelve is being amended to clarify the use of a defined term in sections thirteen twenty four and twenty six are set out to amend just for clarity they're subdivided so that they'll read a little easier. And that's all I have but I'm happy to take any questions from committee members are there any questions. Seeing no questions we have no one who signed up to speak for against house bill twelve eighty five represent guess what you're recognized close for your bill thank you madam chair on clothes for the bill make a motion to pass members we have a motion to do pass on the floor is there any discussion all in favor of the motion please say aye. Any opposed seeing none the ayes have it congratulations you have passed your bill. Next we have a house bill twelve eighty six I'm sorry we're gonna skip twelve eighty six. B. twelve eighty seven. Members if you'll turn to House Bill twelve eighty seven. House bill twelve eighty seven this is technical corrections concerning practice and procedure in the courts and with that you're recognized to present your bill. All right thank you madam chair this bill concerns title sixteen which is Arkansas Code concerning practice procedure in the courts what you'll see in sections one three four is that we repeal several sections which are obsolete these are sections from the revised statutes of eighteen thirty seven that require a certain things for instance for court records to be read in open court each day for sheriffs to provide blank books and stationery for the courts and that requires courts to audit and adjust the accounts of the sheriffs and clerks so again we repeal all of those old an obsolete statutes. Section five repeals obsolete section that allows a certain circuit court based on the nineteen sixties census to appoint a person to serve both as court reporter and Clerk. If the person was a lawyer serving as a court appointed prior to February twenty seventh nineteen sixty eight as you can see. That is no longer relevant. section six repeals a section creating a fund the fund is already created and title nineteen and so it's unnecessary. Section seven and eight repeals to obsolete sections referring for approval the creation of additional judgeships FOR the first judicial district of the Arkansas just to the Arkansas judicial council that occurred in nineteen ninety nine. And no longer necessary sections nine and eighteen these transferee subchapter concerning constables to more appropriate titles. Section nine repeals the subchapter from title sixteen in section eighteen. Creates a entitle fourteen so basically what we're doing is we're taking portions of the code that are currently. a part of title sixteen and we're moving on to more appropriate places in the Arkansas code. Again there's a point there's a section concerning constables it's moved to a more appropriate place in the code that this section. section eighteen also replaces references to justices of the peace holding court proceedings and district courts that's in a lot of in line with Amendment eighty which abolished justice of the peace courts and transfer their jurisdiction to district courts so does it make sense to make reference to justice of the peace court because Amendment eighty said we don't have justice of the peace court anymore. Section ten cracks references to regular sessions in ordinary sessions sections eleven and twelve right correct references to defendant and person for consistency within each section section thirteen clarifies language by putting all of the exemptions together and updating references for consistency again this was just a structuring. issue the no substantive changes sections fourteen and fifteen repeal obsolete sections dealing with city courts we have district courts now that preside over both city and state cases you don't have independent city courts anymore. So repeal language that references those section sixteen references to driving or boating while intoxicated. correct references related those offenses and seventeen correct references to persons with a disability to use respectful language which is in which is consistent with the bill that we are passed. not too long ago to remove language like handicapped from the code and replace it with language that was more respectful so. That's what the bill does happy to answer any questions represent college you're recognized for a question. Thank you madam chair so I'm curious about the obsolete language I understand when something is rendered obsolete because of a change in law or it makes reference to a time that has passed but what about something like these things at the beginning where the ships were required to furnish fuel you know and it's very old but what makes something obsolete is just one people stop doing it and it's deemed obsolete or or what's the process for becoming obsolete when it's not specifically rendered obsolete by the changing circumstances. I think ultimately if the General Assembly who makes that decision you know what we see things that get on the books for a long time like these that go back to eighteen thirty seven and we're not doing them anymore you know and I think that is probably in the past some of the things the General Assembly of looked at in making that decision. But it was our understanding that the statues no longer reflect practices of the necessary officials but they are still just sitting there on the books I will say it representative Collins wants to run a bill to require the sheriff's to provide the Clerk of the county clerk's with blank books and stationery and fuel he's welcome to do that. That we don't need to him if he wants to if we want to start trying to enforce that we can we can have representive Collins put everyone on notice. Represent cloudy recognized for a question thank you madam chair forgive my ignorance on this but just in terms of kind of how this whole process works the commission commission meetings code revision commission meetings open to public to it is the public input at those meetings how does that work can you just and it's not necessarily about this bill I know but I would love to just hear kind of an overview of that the public meetings there strain on the website and it is for legislative members on there I think Three members appointed by the Supreme Court and then the law school deans represent from the AG myself representing the bureau so you can go back in stream all of those meetings through the website they're all Seeing no additional questions we have no one who is signed up to speak for against house bill twelve eighty seven represent guess what you're recognized to close for your bill thank you madam chair if you would like to go back and explain to your sheriffs city or county that they should be punishing all these items including fuel to the clerk's you're welcome to vote against this bill otherwise I would make a motion to pass. Members we have a motion to do pass on the table in a discussion. All in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you've passed your bill. Do you have any other situate like to present today manager which is going to keep on going if it's private we've got a committee. The house bill twelve eighty eight. Members all right we're gonna skip that one. Well everybody on this into the table was really waiting for that so it was exciting and it was I heard people say oh not that one go ahead with your next representive twelve eighty nine okay members let's turn to House Bill twelve eighty nine this will be technical corrections concerning public officers and employees and you're recognized to present your bill. Thank you madam chair what you'll see this is concerns title twenty one which relates to public officers and employees section one of the bill. Because once again and what you we say this there's several sections of the code. When. This section sets out. A a crime essentially or violation that doesn't impose a sentence other than a fine that is a violation not a misdemeanor. And so we use the proper term there violation as opposed to misdemeanor. you see that section one. section one also makes certain corrections to correct word usage to conform to code style. Section two. The code section so that is being amended to correct the quote from the Arkansas constitution that appears in the code section into correct word usage to conform to code style section three the code section centers being amended to repeal an internal reference to a different code section in which fees are no longer prescribed. That is what house bill twelve eighty nine does happy to answer any questions members are there any questions. Seeing the questions we have no one who signed up to speak for against house bill twelve eighty nine represent guess what you're recognized to close for your bill thank you manager and close for the bill make a motion to pass members we have a motion to do pass on the floors or any discussion on the motion all in favor of the motion please say aye. Any opposed say no the ayes have it congratulations you have passed your bill. Next house bill twelve ninety members if you'll turn to House Bill twelve ninety. House bill twelve ninety is technical corrections regarding public property and you're recognized to present your bill thank you madam chair this is a very short and simple bill you'll see that in section one. Basically we're just amending the statute for clarity Turning some words around their sentence rape sentence reads the same is just begins with immediately in each county Clerk shall was moved further down in the sentence again that's just for clarity same thing in subsection B. And we do we do the same thing with regard to misdemeanor and violation so that's all the bill does this is title twenty two by concerning public property. Happy to answer any questions members are there any questions seeing no questions we have no one who signed up to speak for against health bill twelve ninety so represent guess what you're recognized close for your bill close for the bill make a motion to pass members we have a motion to do pass on the table is there any discussion on the motion all in favor of the motion please say aye any opposed none opposed your vote bill has passed. Thank you madam chair house bill twelve ninety one. Members let's look at house bill twelve ninety one these are technical corrections regarding public utilities in regulated industries. You're recognized to present your bill thank you madam chair as the as manager said this is title twenty three concerns public utilities. And related industries this is a rather long bill section one. So in section one you see that there's a lot of stricken language essentially we have several pages. stricken language. The way I understand it is. I have a bill that we passed last session I may attempt by Mr Miller. Help help with this but it an act that we passed last session was signed into law in twenty twenty one. Clear it changed or amended all of this language and because of the new law regarding this issue all of the old language was struck because of. Because of the new bill and I I don't have all the specifics on that but I think Mr Miller can fill you in on. ACT four oh four pass last session later in the session that date ninety four passed at first blush you would have thought ACT eight ninety four was identical to for for it contained all the same content but there were additions so it was not identical to four oh four the decision was made to just codify eight ninety four instead of trying to splice together four oh four eight ninety four into some way so for four was superseded by eight ninety four and this is just cleaning that up to indicate that eight ninety four is the operative law on the issue that was addressed in the act. So if there's a lot of appeal because a sister peeling back the language of ACT four four languages in the books that the issue is being addressed there is codified elsewhere as enacted by ninety four Mr Miller we have a number of of new members on our committee not just quickly explain sometimes this happens set up and another bill gets passed later in the session how that works and superseding yes ma'am sometimes we have built amend the same section of code during the course of the session you might have to bills that amend you know seven one one one or something like that our goal when we're trying to codify those acts with the bureau to update the law to reflect your actions is to reconcile those to the extent we can you know if it's two separate parts of this section will combine them just the fact that the last Act didn't include the change in the first doesn't mean that we don't include the first sometimes they don't fit sometimes your changes might overlap or let's say you amended early voting to be from seven thirty to eight and later on in the session you meant it to be eight thirty to nine obviously would have to pick one of those And the law tells us to pick the later one in the case of a complex so we always look at the later act in this case the waiter Act contain content that wasn't included in the earlier act so we codified the later Act is that's presumed to be the general assembly's intent. Thank you Mr Miller we have no one are there any questions. Sorry seeing no questions we have no one who signed up to speak for against house bill twelve ninety one represent guess what you're recognized to close for your bill thank you madam chair I will say there are some additional sections that first section was the long section that was repealed there are at least two other sections section two three seven what you'll see is that same issue that we've seen and every other section nearly this far will we change. The usage of the term misdemeanor to violation because the sentence mentioned in that particular law does not allow anything other than a than a fine if the law doesn't allow anything other than a fine it's not a misdemeanor to violation so you'll see throughout those sections were misdemeanor was referenced it's changed to violation. The sections two through seven and then sections eight nine because once again very similar you're gonna say. Misdemeanor changed a violation and then with misdemeanors mention but it doesn't mention a classification for misdemeanor as Mr Miller previously explained by law that becomes an a misdemeanor so you see that in a couple sections also that's all the bill does happy to answer any any questions if there any related to those sections. Seeing no questions you're recognized close for your bill thank you madam chair closer the bill make a motion to pass members I have a motion to do pass on the floors or any discussion of the motion all in favor of the motion please say aye opposed say no the ayes have it congratulations you passed your bill. One I do wanna skip over twelve ninety three and twelve ninety four will be next. The members if you'll turn to House Bill twelve ninety four you're recognized to present your bill thank you madam chair house bill twelve ninety four concerns title twenty six which relates to taxation the taxation title of the code what you'll see in section one and two is that we repeal obsolete language consists and contingent provisions of uncodified acts that did not become effective. And that is for clean up purposes sections three and four you'll see Make some dramatic of correct some grammatical mistakes and typographical errors. Not sure seeing that on my bill. Anyone found section five removes an internal reference to subdivision B. for in this section being amended subdivision before was repealed from this code in twenty fifteen but the reference to it in this section was messed so it strikes that. Members are there any questions. Seeing the questions we have no one who signed up to speak for against house bill twelve ninety four you're recognized to close for your bill. Not come close to a bill and make a motion to pass. Members we have a motion to do pass on the floors or any discussion on the motion. All in favor of the motion please say aye. Any opposing the motion carries congratulations you have passed your bill. Have house bill twelve ninety five. Services right members let's look at house bill twelve ninety five these will be technical corrections regarding rehabilitation services representative guess what you're recognized to present your bill. Okay thank you. Thank you madam chair this bill corrects makes corrections at the behest of rehabilitation services my understanding is that there's someone here from. Rehabilitation services that. And if so Ballinger I'd ask that they be allowed to join us at the table also. You bet come on down and join the fun the technical corrections. Just a good store. If you'll state your name for the record and then if you have something you'd like to add please feel free to begin. Good morning thank you madam chair trials Lyford general counsel for Arkansas rehabilitation services and services for the blind thank representative goes way Mr Miller just very briefly these are a technical corrections that we have services and services for the blind by right to the code revision commission last December I believe they all relate to some variation of transformation and efficiencies Act changes there is some parent agencies of rehabilitation services and services for the blind referred to in the code that are no longer accurate for example the department of career education as the parent agency for rehabilitation services and the Department of Human Services for services for the blind those are no longer correct those changes also references to the the head of rehabilitation services as the Director rather than of a federally recognized term commissioner and then some changes literally to the word the for whatever reason the appears in front of rehabilitation services at various points in the code. Thank you have debt answer any questions that there are members are there any questions. Seeing the questions we have no one else who signed up to speak for against the bill represent guess what you're recognized close for your bill thank you madam chair and close to the bill make a motion to pass members we have a motion to do pass on house bill twelve ninety five on the floor is there any discussion of the motion. Seeing no discussion all in favor please say aye. It does say no the ayes have it congratulations you've passed your bill. Has been filed in. Stay involved with the memo's been according to my list it looks like we have to work you wish to run either one of those two we have twelve ninety six now we have one more twelve ninety six is the last one so thank you manager twelve ninety six is is just a shell bill at this point we're working on basically out I'll give you a preview of what it does. We are taking all the references in the code to handicapped in replacing those with disabled and other appropriate language that's that's been requested. It turns out I think Mister Miller can tell you that there are a lot more references throughout the entire code. To that use the term handicapped then what we may have anticipated and so this is taken along with the bureau to identify all of those references and replace them with more respectful language but as soon as that's done we'll fill this bill Landon and will present that bill Mr Miller have something that is a preview for the committee. the representative Gazaway summarized it well but there's the General Assembly passed a statute about ten years ago that directed our agency to stop using certain terms that were deemed not the current waiter further persons with disabilities and to use certain terms so this bill at the request of the commission will gone and to seek the term handicapped and replace it with the respectful language this requested some of those are a little complicated but I was talking to Mister Oxford earlier they're reviewing some language regarding visually handicapped individuals that are in the code that's actually a defined term so we're working towards finding some more respectful ways to update those sections and when we've accomplished that I will get that amendment in here and I'll be back you'll be so excited to see me come back we will be waiting with bated breath I can assure you for technical corrections thank you Mr. You don't be disappointed that it's over we'll have a few more. Thank you for your time Mr Miller this morning of members that is all of the bills that we will be hearing today let me kind of give you what we have a preview for Thursday we will take up Senate bill fifty nine the sponsor of that bill had asked to move that to Thursday we do have some new bills that have come to us and I will be visiting with those sponsors as to whether or not they're ready to take those up on Thursday so just watch for your. Text messages from me you do have some kisses and candy at your desk please take that with you and if you don't want to pass it out to somebody and make their day and hope everyone has a great Valentine's stay with that we are adjourned.